Thursday, April 7, 2016

Misuse of the Courts by Patriots Fans



The Misuse of the Courts by Patriots Fans

A group of Patriot fans has filed a lawsuit in Boston Federal Court seeking a restoration of the Patriots first round draft pick in the 2016 draft  and the fourth round of the 2017 draft  of newly eligible rookies players. Named in the suit is the National Football League (NFL), its Commissioner Roger Goodell. Curiously the owner of the New England Patriots, Robert Kraft, was also named.

The Plaintiffs claim that they have suffered mental anguish (emotional distress) by the “fraudulent” actions of the NFL. They also claim that the Patriots have been harmed by the Goodell’s action.

Mr. Kraft allegedly did not fight hard enough against the NFL disciplinary measures.
The lawsuit was prepared by an attorney from Maine, Steve Carey.

I had a good laugh when hearing this story. I felt it was just one more thing to make life interesting.

 I was surprised that Tom Brady name did not come up in the lawsuit. He is well revered in New England, but faces suspension for Deflategate.
After some thought I changed my mind.

This lawsuit actually hurts the public interest. It clogs up an already slow justice system with a frivolous case. The plaintiffs have no standing upon which a claim can be made. They have no fiduciary interest. The emotional distress is the accepted risk for being a sport fan.

I would be surprised if the lawsuit was not dismissed immediately. I would not be surprised if Mr. Carey was sanctioned for bringing a frivolous lawsuit.

The Patriots are not well liked outside of New England. The franchise has been accused of cheating several times as the team has won several Lombardi Trophies.  It is not the first time the NFL has punished the team by removing draft picks.

The aura of cleverness and the perception of cheating actually add to the image of New Englanders as innovators and being ahead of the curve. In some cases ahead of the rules.  I am looking forward to the next bending of the rules by Coach Belichick.
There may be a reason other history that so many elite colleges are located in New England.

Of all of the more interesting football players in the NFL the Patriots seems to have had at least three. Tom Brady is a pretty face, with a trophy wife, a fountain of youth, and adoring fans. Gronk is the young man sowing his oats who does what he wants without getting into trouble. Hernandez scares me if any of what they say about him is true.

So it beginning to make sense to me that Patriot fans are not all that different from the players. We fans want to be part of this interesting team, a part of the draft, and a part of the perception of the clever New Englander.


When I first came to New England decades ago, one of the things I learn was the wisdom from an old New Englander who said “Make do, Do with less, Do with out”. The Patriot team and its fans will have to take note of his words when it comes to the 2016 and 2017 NFL draft and Tom Brady’s suspension.

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